The Docket: Court Roundup for 5.31.12


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Henrico

Industrial Commodities Inc. v. Independent Ingredients LLC
Plaintiff purchases products, including raw food ingredients and chemicals from suppliers, and sells and distributes them to clients. Defendant provides food ingredient sales, marketing and distribution services in the Southeast. Plaintiff says since July 9, 2010, it engaged defendant’s services as a contractor to sell “company products” to customers within defendant’s “territory.” Defendant, according to plaintiff, was not to solicit the purchase by plaintiff’s customers from another person or entity of any product that is the same or substantially similar to company products. Plaintiff alleges that on or about April 20, 2012, defendant issued a purchase order to Skidmore Sales & Distributing Co. Inc., a competitor of plaintiff, for the purpose of soliciting the sales of various sweeteners, starches, dairy products, soy products and food chemicals to Vanguard Enterprises, a customer of plaintiff. Plaintiff alleges breach of contract and seeks judgment in principal sum of $100,000.
Law firm: Christian & Barton
Filed: 5/22/2012. CL12001478

Jaclyn Bradley-Lavender v. Old Dominion 4 Wheel Drive Club Inc.; M.L. Duncan Jr.; and Bobby Lee Duncan
Plaintiff says that on Sept. 25, 2010, while an event spectator at the off-road motor sports park owned and maintained by defendants, that she was injured because of defendants’ negligence. Plaintiff seeks judgment in principal amount of $1 million.
Law firm: Emroch & Kilduff
File: 5/23/2012. CL12001502

SunTrust Mortgage Inc. v. Best Results Mortgage Corp.
Plaintiff alleges breach of contract and seeks judgment of $224,516.59.
Law firm: Wolfe & Wyman
Filed: 5/24/2012. CL12001513

Deborah O. Cutchin v. Dollar Tree Stores Inc.
Plaintiff says she was in store at 8920 Patterson Ave. on or about Sept. 3, 2010, when she tripped over a hand-held shopping basket left on the floor of a checkout aisle. Plaintiff seeks damages in principal sum of $800,000.
Law firm: Marks & Harrison
Filed: 5/24/2012. CL12001516

EVB v. Marshall Hodge Electrical Service
This is a confessed judgment of $94,984.70.
Law firm: Solodar & Solodar
Filed: 5/25/2012. CL12001526

EVB v. TSL Inc. Maintenance
This is a confessed judgment in principal sum of $185,587.92.
Law firm: Solodar & Solodar
Filed: 5/25/2012. CL12001527

Chesterfield

Wendy G. Throckmorton v. Bon Secours St. Francis Medical Center; Bon Secours–St. Francis Medical Center Inc.; Bon Secours–Richmond Health System a/k/a Bon Secours Richmond Health System Inc.; Bon Secours Health System Inc. a/k/a Bon Secours Health System; and Gregory D. Hargett, RN
Plaintiff states that on May 28, 2010, she presented to St. Francis for a left knee arthroscopy to be performed on an outpatient basis. She was placed under general anesthesia as well as given a local anesthetic in order to block post-operative pain. Plaintiff says surgery began about 8:20 a.m. and was completed at about 9:32 a.m., and she was placed in a brace to immobilize her left knee and transferred to the post anesthesia care unit (PACU). Plaintiff, who weighed about 400 pounds, says that at or about 12:15 p.m. she was instructed to dress herself for discharge, and that medical personnel were busy with other patients. Plaintiff says she attempted to dress herself, but her foot caught on her pants, and she fell. Plaintiff alleges negligence, breach of duties, and failure to schedule and staff the PACU with a sufficient number of qualified healthcare providers, among other charges. Plaintiff says she suffered multiple serious medical complications from a tibia fracture, and developed antibiotic-resistant infections. Plaintiff seeks judgment in principal sum of $2.5 million.
Law firm: Jones & Rostant
Filed: 5/24/2012. CL12001560

Thomas Michael Herbert d/b/a MJB Enterprises v. Prestige Construction Group Inc.
Plaintiff says defendant hired him to perform construction on a building in Richmond. Plaintiff says before he could complete the work, defendant terminated plaintiff from the job. Defendant offered in writing to pay plaintiff $19,481.94, plaintiff says, and plaintiff accepted. Defendant has failed to pay plaintiff, who seeks judgment in that amount.
Law firm: Gary R. Hershner
Filed: 5/25/2012. CL12001580

Richmond

Rhodes, Werner & Co. Inc. v. Old Glory Companies Inc.; Old Glory Construction LLC; and Matthew G. Peeler
Plaintiff says that from November 2011 through April 2012 plaintiff did subcontracting work for defendant, and has not been paid.
Plaintiff seeks judgment in principal sum of $27,632.78.
Law firm: Vandeventer Black
File: 5/21/2012. CL12002324

Dan S. Lautenslager v. CSX Transportation Inc.
Plaintiff has been an employee of defendant since Aug. 18, 1974, and contends that as a conductor he was exposed to years of repetitive, vibratory and physically stressful job duties which he says have caused repetitive stress injuries affecting his musculoskeletal system. Plaintiff says defendant failed to provide him with a reasonably safe place and equipment with which to work and failed to abide by appropriate federal and state regulation and standards recommended to protect plaintiff from repetitive stress injuries. Plaintiff seeks judgment of $1 million and costs. (This case was transferred from Portsmouth.)
Law firm: Shapiro, Cooper, Lewis & Appleton
Filed: 5/23/2012. CL 12002344

Kimberly H. Mitchell v. Get Smart LLC
This is a garnishment of $8,733.50.
Law firm: Caudle and Caudle
Filed: 5/23/2012. CL12002346

First Community Bank v. Hookup LLC; Aretina S. Rogers; Katheryn Mayes; R.J. Rogers Inc.; Robert J. Rogers; James Mayes; and River City Granite Co. Inc.
This is a confession of judgment of $1,163,353.11 plus interest, and attorney fees and collection costs of $70,000. Hookup LLC filed for bankruptcy protection last week.
Law firm: Kepley Broscious & Biggs
Filed: 5/23/2012. CL12002346

Charles L. Marshall v. Immigration Centers of America–Farmville LLC; Mark A. Flowers; Russell Harper; Ken Newsome; and Warren Coleman
Plaintiff says sometime in late 2006/early 2007 he and two other employees of Piedmont Regional Jail in Farmville came up with a business venture to create, construct and operate a detention center dedicated solely to housing immigration detainees, and took their idea to Farmville Town Manager Gerald Spates, who introduced them to investors Harper and Newsome. Plaintiff says he provided sweat equity and corrections know-how, while Harper and Newsome built an investors group that eventually forced him out. Plaintiff seeks compensatory and punitive damages of not less than $15 million arising out of what he says is defendants’ tortious interference with contract and valid business expectations; conversion; fraud in the inducement; breach of contract; unjust enrichment; breach of fiduciary duty; statutory conspiracy to harm a business, trade or profession; and civil conspiracy.
Law firm: Driscoll & Seltzer
Filed: 5/24/2012. CL12002359


BizSense has just launched the Docket Delivered, a service that emails specific cases to you. If you need a case, please email [email protected]

Henrico

Industrial Commodities Inc. v. Independent Ingredients LLC
Plaintiff purchases products, including raw food ingredients and chemicals from suppliers, and sells and distributes them to clients. Defendant provides food ingredient sales, marketing and distribution services in the Southeast. Plaintiff says since July 9, 2010, it engaged defendant’s services as a contractor to sell “company products” to customers within defendant’s “territory.” Defendant, according to plaintiff, was not to solicit the purchase by plaintiff’s customers from another person or entity of any product that is the same or substantially similar to company products. Plaintiff alleges that on or about April 20, 2012, defendant issued a purchase order to Skidmore Sales & Distributing Co. Inc., a competitor of plaintiff, for the purpose of soliciting the sales of various sweeteners, starches, dairy products, soy products and food chemicals to Vanguard Enterprises, a customer of plaintiff. Plaintiff alleges breach of contract and seeks judgment in principal sum of $100,000.
Law firm: Christian & Barton
Filed: 5/22/2012. CL12001478

Jaclyn Bradley-Lavender v. Old Dominion 4 Wheel Drive Club Inc.; M.L. Duncan Jr.; and Bobby Lee Duncan
Plaintiff says that on Sept. 25, 2010, while an event spectator at the off-road motor sports park owned and maintained by defendants, that she was injured because of defendants’ negligence. Plaintiff seeks judgment in principal amount of $1 million.
Law firm: Emroch & Kilduff
File: 5/23/2012. CL12001502

SunTrust Mortgage Inc. v. Best Results Mortgage Corp.
Plaintiff alleges breach of contract and seeks judgment of $224,516.59.
Law firm: Wolfe & Wyman
Filed: 5/24/2012. CL12001513

Deborah O. Cutchin v. Dollar Tree Stores Inc.
Plaintiff says she was in store at 8920 Patterson Ave. on or about Sept. 3, 2010, when she tripped over a hand-held shopping basket left on the floor of a checkout aisle. Plaintiff seeks damages in principal sum of $800,000.
Law firm: Marks & Harrison
Filed: 5/24/2012. CL12001516

EVB v. Marshall Hodge Electrical Service
This is a confessed judgment of $94,984.70.
Law firm: Solodar & Solodar
Filed: 5/25/2012. CL12001526

EVB v. TSL Inc. Maintenance
This is a confessed judgment in principal sum of $185,587.92.
Law firm: Solodar & Solodar
Filed: 5/25/2012. CL12001527

Chesterfield

Wendy G. Throckmorton v. Bon Secours St. Francis Medical Center; Bon Secours–St. Francis Medical Center Inc.; Bon Secours–Richmond Health System a/k/a Bon Secours Richmond Health System Inc.; Bon Secours Health System Inc. a/k/a Bon Secours Health System; and Gregory D. Hargett, RN
Plaintiff states that on May 28, 2010, she presented to St. Francis for a left knee arthroscopy to be performed on an outpatient basis. She was placed under general anesthesia as well as given a local anesthetic in order to block post-operative pain. Plaintiff says surgery began about 8:20 a.m. and was completed at about 9:32 a.m., and she was placed in a brace to immobilize her left knee and transferred to the post anesthesia care unit (PACU). Plaintiff, who weighed about 400 pounds, says that at or about 12:15 p.m. she was instructed to dress herself for discharge, and that medical personnel were busy with other patients. Plaintiff says she attempted to dress herself, but her foot caught on her pants, and she fell. Plaintiff alleges negligence, breach of duties, and failure to schedule and staff the PACU with a sufficient number of qualified healthcare providers, among other charges. Plaintiff says she suffered multiple serious medical complications from a tibia fracture, and developed antibiotic-resistant infections. Plaintiff seeks judgment in principal sum of $2.5 million.
Law firm: Jones & Rostant
Filed: 5/24/2012. CL12001560

Thomas Michael Herbert d/b/a MJB Enterprises v. Prestige Construction Group Inc.
Plaintiff says defendant hired him to perform construction on a building in Richmond. Plaintiff says before he could complete the work, defendant terminated plaintiff from the job. Defendant offered in writing to pay plaintiff $19,481.94, plaintiff says, and plaintiff accepted. Defendant has failed to pay plaintiff, who seeks judgment in that amount.
Law firm: Gary R. Hershner
Filed: 5/25/2012. CL12001580

Richmond

Rhodes, Werner & Co. Inc. v. Old Glory Companies Inc.; Old Glory Construction LLC; and Matthew G. Peeler
Plaintiff says that from November 2011 through April 2012 plaintiff did subcontracting work for defendant, and has not been paid.
Plaintiff seeks judgment in principal sum of $27,632.78.
Law firm: Vandeventer Black
File: 5/21/2012. CL12002324

Dan S. Lautenslager v. CSX Transportation Inc.
Plaintiff has been an employee of defendant since Aug. 18, 1974, and contends that as a conductor he was exposed to years of repetitive, vibratory and physically stressful job duties which he says have caused repetitive stress injuries affecting his musculoskeletal system. Plaintiff says defendant failed to provide him with a reasonably safe place and equipment with which to work and failed to abide by appropriate federal and state regulation and standards recommended to protect plaintiff from repetitive stress injuries. Plaintiff seeks judgment of $1 million and costs. (This case was transferred from Portsmouth.)
Law firm: Shapiro, Cooper, Lewis & Appleton
Filed: 5/23/2012. CL 12002344

Kimberly H. Mitchell v. Get Smart LLC
This is a garnishment of $8,733.50.
Law firm: Caudle and Caudle
Filed: 5/23/2012. CL12002346

First Community Bank v. Hookup LLC; Aretina S. Rogers; Katheryn Mayes; R.J. Rogers Inc.; Robert J. Rogers; James Mayes; and River City Granite Co. Inc.
This is a confession of judgment of $1,163,353.11 plus interest, and attorney fees and collection costs of $70,000. Hookup LLC filed for bankruptcy protection last week.
Law firm: Kepley Broscious & Biggs
Filed: 5/23/2012. CL12002346

Charles L. Marshall v. Immigration Centers of America–Farmville LLC; Mark A. Flowers; Russell Harper; Ken Newsome; and Warren Coleman
Plaintiff says sometime in late 2006/early 2007 he and two other employees of Piedmont Regional Jail in Farmville came up with a business venture to create, construct and operate a detention center dedicated solely to housing immigration detainees, and took their idea to Farmville Town Manager Gerald Spates, who introduced them to investors Harper and Newsome. Plaintiff says he provided sweat equity and corrections know-how, while Harper and Newsome built an investors group that eventually forced him out. Plaintiff seeks compensatory and punitive damages of not less than $15 million arising out of what he says is defendants’ tortious interference with contract and valid business expectations; conversion; fraud in the inducement; breach of contract; unjust enrichment; breach of fiduciary duty; statutory conspiracy to harm a business, trade or profession; and civil conspiracy.
Law firm: Driscoll & Seltzer
Filed: 5/24/2012. CL12002359

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